Code of Virginia - Title 26 Fiduciaries Generally - Section 26-6 How judgment may be entered against personal representative, conservator or committee

§ 26-6. How judgment may be entered against personal representative, conservator or committee

A judgment or decree against any person, as the personal representative of a decedent or committee of a convict, or conservator of an incapacitated person as defined in § 37.2-1000, or pursuant to any provision of law now or hereafter enacted under which a conservator or committee may be appointed, for a debt due from such decedent, convict, or incapacitated person may, without taking an account of the transactions of such representative, conservator or committee, be entered to be paid out of the estate of such decedent, convict, or incapacitated person in, or which shall come to, the hands of the representative, conservator or committee to be administered. When the court enters of record that if the fiduciary had prudently discharged his duty, the proceeding would not have been brought, the judgment or decree, so far as it is for costs, shall be entered to be paid out of his own estate.

(Code 1919, § 5407; 1950, p. 356; 1997, c. 921.)

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Last modified: April 16, 2009